A Case Study On Li Mou Vs.Di Mou Housing Contract For The Second-hand Housing Purchase And Sales

With the imbalance between supply and demand,the motivation for economic interests,and the lack of good faith in recent years,disputes in the sale of second-hand housing are ubiquitous in China.The case in this paper is one of the true reflections of the sale of second-hand housing.The relationship between Applicant and the respondent is complexes in this case,involving the effectiveness of the sales contract of pre-sale housing without the certificate,the effectiveness of the contract of second-hand housing without the certificate,as well as the issues of dissolution by appointment and dissolution by statutory.These problems are the highly controversial in academia,which needs further discussion and exploration.Also,a large number of non-compliance in judicial practice,Unlicensed trading,power rent-seeking behavior is common.Although local laws and regulations have been implemented to regulate the second-hand housing market.However,the local laws and regulations are chaotic,there is no unified standard,some even conflict with each other,and the provisions in the legislative level of our country are not perfect,which bring great challenges to the judicial judgment.Therefore,it is not only of theoretical significance but also of practical significance to sort out and discuss the second-hand housing sales.In this paper,the author first introduces the background,significance,research methods,and domestic research status of related issues briefly.Then describes the basic situation of the case,the ruling results and the focus of controversy.Finally,with the focus of the dispute as the mainline,the author analyzes the validity of the internal subscription agreement between the respondent and Jinma real estate Co.,Ltd.;the validity of the real estate sales contract between the Applicant and the respondent,and whether the two parties meet the conditions for dissolution by appointment and dissolution by statutory,and finds out the problems existing in the process of housing sales in China,Combined with China's legislation and judicial practice,the author tries to put forward some legislative suggestions of relevant systems,through which to further improve the legal regulation of the second-hand housing transactions,so as to effectively maintain the order of the real estate market in China,and protect the rights and interests of the parties.